Can you use mediation in one sentence?

The basis of the Mediation Act is the draft law of December 15, 2011, which was unanimously adopted in the German Bundestag and referred to the Mediation Committee by the Bundesrat, including the changes from the resolution recommendation of the Mediation Committee of June 27, 2012, which was approved by the German Bundestag on June 28, 2012 (unanimously !) were accepted. In its meeting on June 29, 2012, the German Bundesrat decided not to raise any objection to the law in this version in accordance with Article 77 (3) of the Basic Law. The law was signed by the Federal President on July 21, 2012 and promulgated in the Federal Law Gazette on July 25, 2012.

You can find information on the regulations for a "certified mediator" here.


The text of the law follows

Law to promote mediation and other out-of-court dispute settlement procedures
From 07/21/2012

The Bundestag has passed the following law:

article 1
Mediation Act (MediationsG)

§ 1 Definitions

(1) Mediation is a confidential and structured process in which the parties, with the help of one or more mediators, voluntarily and independently seek an amicable settlement of their conflict.
(2) A mediator is an independent and neutral person without decision-making authority who guides the parties through the mediation.

§ 2 procedure; Mediator's duties

(1) The parties select the mediator.
(2) The mediator ensures that the parties have understood the principles and the process of the mediation process and voluntarily participate in the mediation.
(3) The mediator is equally obliged to all parties. It promotes communication between the parties and ensures that the parties are involved in the mediation in an appropriate and fair manner. He can hold separate talks with the parties with mutual consent.
(4) Third parties can only be included in the mediation with the consent of all parties.
(5) The parties can terminate the mediation at any time. The mediator can end the mediation, especially if he is of the opinion that independent communication or an agreement between the parties is not to be expected.
(6) In the event of an agreement, the mediator will work towards ensuring that the parties reach the agreement in full knowledge of the facts and understand its content. He must inform the parties who take part in the mediation without professional advice of the possibility of having the agreement reviewed by external consultants if necessary. With the consent of the parties, the agreement reached can be documented in a final agreement.

§ 3 Disclosure Obligations; Activity restrictions

(1) The mediator must disclose to the parties all circumstances that could affect his independence and neutrality. In such circumstances, he may only act as a mediator if the parties expressly consent.
(2) A person may not act as a mediator who was active for a party in the same matter before the mediation. The mediator may not act for either party in the same matter during or after the mediation.
(3) A person may not act as a mediator if another person associated with him or her in the same professional practice or office community worked for a party in the same matter before the mediation. Such another person may not act for either party in the same matter during or after the mediation.
(4) The restrictions of Paragraph 3 do not apply if the parties concerned have given their consent in individual cases after being given comprehensive information and if there are no conflicting interests of the administration of justice.
(5) The mediator is obliged to inform the parties upon their request about his professional background, his training and his experience in the field of mediation.

§ 4 Confidentiality

The mediator and the persons involved in the implementation of the mediation process are obliged to maintain secrecy, unless otherwise stipulated by law. This duty applies to everything that has become known to them in the course of their work. Regardless of other legal regulations on the duty of confidentiality, it does not apply to the extent that it is
1. the disclosure of the content of the agreement reached in the mediation process is necessary for the implementation or enforcement of this agreement,
2. the disclosure is necessary for overriding reasons of public order (ordre public), in particular to avert a threat to the well-being of a child or a serious impairment of the physical or psychological integrity of a person, or
3. the facts are obvious or, according to their significance, do not need to be kept secret.
The mediator must inform the parties of the scope of his duty of confidentiality.

§ 5 Education and training of the mediator; certified mediator

(1) The mediator is responsible for ensuring through appropriate training and regular advanced training that he has theoretical knowledge and practical experience in order to be able to guide the parties through the mediation in an expert manner. In particular, suitable training should convey:
1. Knowledge of the basics of mediation as well as its process and framework conditions,
2. negotiation and communication techniques,
3. Conflict competence,
4. Knowledge of the law of mediation as well as the role of law in mediation as well
5. practical exercises, role play and supervision.
(2) Anyone who has completed training as a mediator that complies with the requirements of the statutory ordinance pursuant to Section 6 may be called a certified mediator.
(3) The certified mediator must undergo further training in accordance with the requirements of the statutory ordinance according to § 6.

§ 6 Authorization to issue ordinances

The Federal Ministry of Justice is empowered to issue more detailed provisions on training to become a certified mediator and on training for certified mediators as well as requirements for training and further education institutions by means of an ordinance without the consent of the Federal Council. The statutory ordinance according to sentence 1 can specify in particular:
1. More detailed provisions on the content of the training, whereby training to become a certified mediator must convey the training content listed in Section 5, Paragraph 1, Clause 2, and on the required practical experience;
2. More detailed provisions on the content of the advanced training course;
3. Minimum number of hours for basic and advanced training;
4. Time intervals in which further training has to take place;
5. Requirements for the teaching staff employed in the training and further education institutions;
6. Provisions stating that and in what way a training and further education institution has to certify participation in a training and further education event;
7. Regulations on the completion of training;
8. Transitional provisions for persons who were already active as mediators before this law came into force.

§ 7 Scientific research projects; financial support for mediation

(1) The federal government and the federal states can agree on scientific research projects in order to determine the consequences of financial support for mediation for the federal states.
(2) Funding can be approved within the framework of the research project at the request of a person seeking law if, according to their personal and economic circumstances, they cannot afford the costs of mediation, only in part or only in installments and the intended legal action or legal defense does not appear willful . The court responsible for the proceedings will decide on the application if a research project is being carried out at this court. The decision is final. The details are regulated by the agreements between the Federation and the Länder that have been reached in accordance with Paragraph 1.
(3) The Federal Government shall inform the German Bundestag about the experience and knowledge gained after the scientific research project has been completed.

§ 8 Evaluation

(1) The Federal Government shall report to the German Bundestag by July 26, 2017, also taking into account the state opening clauses under cost law, on the effects of this Act on the development of mediation in Germany and on the situation of the training and further education of mediators. In particular, the report should examine and assess whether further legislative measures in the field of training for mediators are necessary for reasons of quality assurance and consumer protection.
(2) If the report reveals the need for legislative measures, the Federal Government should propose these.

§ 9 Transitional Provision

(1) Mediation in civil matters by a judge who is not authorized to make decisions during court proceedings, which is offered at a court before July 26, 2012, can continue to be carried out until August 1, 2013, with the previously used designation (judicial mediator) being continued.
(2) Paragraph 1 applies accordingly to mediation in administrative, social, financial and labor jurisdictions.



Article 2
Change in the code of civil procedure

The Code of Civil Procedure in the version published on December 5, 2005 (Federal Law Gazette I p. 3202; 2006 I p. 431; 2007 I p. 1781), last amended by Article 3 of the Act of December 22, 2011 (Federal Law Gazette I p . 3044) is changed as follows:
1. The table of contents is inserted after the information on § 278, the following information:
"Section 278a Mediation, Out-of-Court Dispute Resolution".

2. Section 41 is amended as follows:
a) In number 6, the point at the end is replaced by a semicolon.
b) the following point 7 is added:
"7thin matters in which he has participated in a mediation procedure or another procedure for out-of-court dispute resolution. "

3. The following sentence is added to Section 159 (2):
"A record of a quality negotiation or further quality tests before an appraisal judge according to Section 278 (5) will only be recorded if the parties agree."

4. Section 253 (3) is worded as follows:

"(3) The application should also contain:
1. Information as to whether the filing of the lawsuit was preceded by an attempt at mediation or another out-of-court dispute settlement procedure, as well as a statement as to whether there are reasons against such a procedure;
2. the indication of the value of the subject of the dispute, if the jurisdiction of the court depends on this and the subject of the dispute does not consist of a certain sum of money;
3. a statement as to whether there are reasons against a decision of the matter by the single judge. "

5. Section 278 (5) is worded as follows:

"(5) The court can refer the parties for the merit negotiation as well as for further attempts at mercy before a judge appointed for this purpose and not authorized to make a decision (merchant judge). The judge can use all methods of conflict resolution, including mediation."


6. After § 278, the following § 278a is inserted:

"Section 278a Mediation, out-of-court conflict resolution
(1) The court may propose mediation or another method of out-of-court dispute resolution to the parties.
(2) If the parties decide to carry out mediation or another procedure for out-of-court dispute resolution, the court will order the suspension of the procedure. "

Article 3
Amendment of the law on the procedure in family matters and in matters of voluntary jurisdiction

The law on the procedure in family matters and in matters of voluntary jurisdiction of December 17, 2008 (Federal Law Gazette I p. 2586, 2587), last amended by Article 4 of the law of March 15, 2012 (Federal Law Gazette 2012 II p. 178 ) is changed as follows:
1. The table of contents is changed as follows:
a) After the information on Section 36, the following information is inserted:
"Section 36a Mediation, Out-of-Court Dispute Resolution".
b) In the information on § 135, the word "dispute settlement" is replaced by the word "conflict settlement".

2. The following sentence is inserted after Section 23 (1) sentence 2:
"In appropriate cases, the application should contain information as to whether the application was preceded by an attempt at mediation or another out-of-court dispute settlement procedure, as well as a statement as to whether there are reasons for such a procedure."
3. The following sentence is inserted after Section 28 (4) sentence 2:
"A note will only be made about an attempt to reach an amicable settlement before a requested judge if all parties involved agree."

4. The following paragraph 5 is added to Section 36:
"(5) The court can refer the parties involved to attempt an amicable settlement before a judge appointed for this purpose who is not authorized to make decisions. The judge can use all methods of conflict resolution, including mediation."

5. After Section 36, the following Section 36a is inserted:
"Section 36a Mediation, out-of-court conflict resolution
(1) The court may propose mediation or another method of out-of-court dispute resolution for individual or all parties involved. In matters of protection against violence, the legitimate interests of the person affected by violence must be safeguarded.
(2) If the parties involved decide to carry out mediation close to the court or in-court or another procedure for out-of-court dispute resolution, the court shall suspend the proceedings.
(3) Judicial order and approval reservations remain unaffected by the implementation of mediation or any other procedure for out-of-court dispute resolution. "

6. Section 81 (2) number 5 is worded as follows:
"5. the party involved in a judicial order to participate in a free informational talk about mediation or any other possibility of out-of-court dispute resolution pursuant to Section 156 (1) sentence 3 or a judicial order to participate in a consultation pursuant to Section 156 (1) sentence 4 has not complied if the Participant did not excuse this sufficiently. "

7. Section 135 is amended as follows:
a) In the heading, the word "dispute resolution" is replaced by the word "conflict resolution".
b) Paragraph 1 is amended as follows:
aa) The paragraph designation "(1)" is deleted.
bb) In sentence 1, the word "dispute settlement" is replaced by the word "conflict settlement".
c) Paragraph 2 is repealed.

8. In Section 150 (4) sentence 2, after the statement “Section 135”, the statement “Par. 1 "deleted.

9. The following paragraph 4 is added to Section 155:
"(4) If the court has suspended a procedure in accordance with paragraph 1 for the implementation of mediation or another procedure for out-of-court dispute settlement, it will generally resume the procedure after three months if the parties do not reach an amicable settlement."

10. Section 156 is amended as follows:
a) Paragraph 1 is amended as follows:
aa) Sentence 3 is worded as follows:
"The court can order that the parents, individually or jointly, take part in a free informational talk about mediation or another possibility of out-of-court conflict resolution with a person or body named by the court and submit a confirmation of this."
bb) In sentence 4, the word “further” is inserted after the word “may”.
cc) In sentence 5 the words "The arrangement is" are replaced by the words "The arrangements according to sentences 3 and 4 are".
b) In paragraph 3, sentence 2, a comma and the words “in a free informational talk about mediation or another possibility of out-of-court dispute resolution” are inserted after the word “advice”.


Article 4
Amendment of the Labor Court Act

The Labor Court Act in the version published on July 2, 1979 (Federal Law Gazette I p. 853, 1036), which was last amended by Article 6 of the Act of November 24, 2011 (Federal Law Gazette I p. 2302), is as follows changed:
1. The following paragraph 6 is added to Section 54

"(6) The chairman can refer the parties for the conciliation negotiation and its continuation before a designated and not authorized judge (referee). The referee can use all methods of conflict resolution including mediation."

2. After Section 54, the following Section 54a is inserted:
"Section 54a
Mediation, out-of-court dispute resolution
(1) The court may propose mediation or another method of out-of-court dispute resolution to the parties.
(2) If the parties decide to carry out mediation or another procedure for out-of-court dispute resolution, the court shall order the suspension of the procedure. At the request of a party, a date for the oral hearing is to be set. Otherwise, the court will resume the proceedings after three months, unless the parties agree that mediation or an out-of-court dispute settlement is still in progress. "

3. Section 55 (1) number 8 is worded as follows:
"8th. on the suspension and order of the suspension of the proceedings; ".

4. In Section 64, Paragraph 7, after the words “of Sections 52, 53, 55 Paragraph 1 No. 1 to 9, Paragraphs 2 and 4,” the words “of Section 52, Paragraph 6, of Section 54a,” and after the words "honorary judge," the words "judges, mediation and extrajudicial dispute resolution," inserted.

5. In Section 80, Paragraph 2, Clause 1, the words “Mediation and extrajudicial dispute resolution” are inserted after the words “honorary judge”.

6. In Section 83a (1), the words “or the judge” are inserted after the words “or the chairman”.

7. In Section 87, Paragraph 2, Clause 1, the words “Judges, mediation and extrajudicial dispute resolution” are inserted after the words “honorary judges”.

Article 5
Amendment of the Social Court Act

In section 202 sentence 1 of the Social Court Act in the version published on September 23, 1975 (Federal Law Gazette I p. 2535), which was last amended by Article 8 of the law of December 22, 2011 (Federal Law Gazette I p. 3057) after the word “Code of Civil Procedure, the words“ including Section 278 (5) and Section 278a are inserted.

Article 6
Amendment of the administrative court order

In section 173 sentence 1 of the administrative court order in the version published on March 19, 1991 (Federal Law Gazette I p. 686), which was last amended by Article 5, Paragraph 2 of the Act of February 24, 2012 (Federal Law Gazette I p. 686) is, the words “including Section 278 (5) and Section 278a” are inserted after the word “Code of Civil Procedure”.


Article 7
Amendment of the Court Fees Act

The Court Fees Act of May 5, 2004 (Federal Law Gazette I p. 442, 2262; 2002 I p. 679), which was last amended by Article 10 of the law of November 24, 2011 (Federal Law Gazette I p. 2302), is as follows changed as follows:

1. Section 70 is preceded by the following Section 69b:

"§ 69b Authorization to issue ordinances

The state governments are authorized to determine by ordinance that the procedural fees to be levied by the courts of the states are above the reductions specified in numbers 1211, 1411, 5111, 5113, 5211, 5221, 6111, 6211, 7111, 7113 and 8211 of the list of costs Be further reduced or omitted if the entire procedure is terminated after mediation or after another procedure for out-of-court dispute resolution by withdrawing the lawsuit or the application and it has been stated in the complaint or application that a mediation or another method of the out-of-court dispute resolution is undertaken or is intended, or if the court has proposed that the parties undertake mediation or another out-of-court dispute resolution process. Sentence 1 applies accordingly to the procedural fees to be levied by the courts of the federal states in the appeals; the written statement with which the appeal was lodged takes the place of the application or application. "

2. In number 1640 of Annex 1 (list of costs), the words "Section 148 Paragraphs 1 and 2" are replaced by the words "Section 148 Paragraphs 1 and 2 of the German Stock Corporation Act".

Article 7a

Amendment of the law on court costs in family matters

Section 62 of the law on court costs in family matters of December 17, 2008 (Federal Law Gazette I, p. 2586, 2666), which was last amended by Article 10 of the law of May 23, 2011 (Federal Law Gazette I, p. 898) preceded by the following § 61a:

"Section 61a authorization to issue statutory instruments

The state governments are empowered to determine by ordinance that the procedural fees to be levied by the courts of the states in proceedings that are only initiated upon application are further reduced or are waived beyond the reduction provided for in the list of costs in the event that the application is withdrawn if the entire procedure or, in the case of joint proceedings according to Section 44, a follow-up matter after mediation or after another procedure for out-of-court conflict resolution is ended by withdrawing the application and it has been stated in the application that mediation or another procedure for out-of-court conflict resolution is being undertaken or is intended, or if the court has proposed that the parties involved undertake mediation or another procedure for out-of-court dispute resolution. Sentence 1 applies accordingly to the procedural fees to be charged by the higher regional courts in appeal proceedings; the application with which the complaint was lodged takes the place of the application. "

Article 8
Change in the tax court order

In Section 155 of the Financial Court Regulations in the version published on March 28, 2001 (Federal Law Gazette I p. 442, 2262; 2002 I p. 679), last amended by Article 2, Paragraph 35 of the Act of December 22, 2011 (Federal Law Gazette I S. 3044) has been changed, the words “including Section 278 (5) and Section 278a” are inserted after the word “Code of Civil Procedure”.

Article 9
Come into effect

This law comes into force on the day after its promulgation


back to the beginning